'Test' Small Claims Court Claims

[COMROG]

Hi

A claimant believes he is entitled to the repayment of the deficit in the amounts of regular sums paid by the defendant & received by the claimant
going back several years but not more than the statute bar of 6 years, e.g. paid £50/week but considers entitled to £60/week, hence claim for 1 year is £520.
Is the claimant able to issue a 'test' case, say, limiting the claim to the first year to limit legal costs, the work involved gathering the evidence, etc
and then if successful, issue a further claim to cover the remainder of the term?
So, say, claim for 2019 initially, then claim for earlier years, say, 2014 to 2019.

[des8]

I think it might well be considered an abuse of process but
tagging R0b


Does this overlap with your ET claim?

[R0b]

It would be res judicata, meaning the dispute has already been decided as a matter of finality and the same issue cannot be re-litigated.

Limiting your claim to one year is a choice you make, and what you would be seeking to do is probably an abuse and I would bet any claim following the first would be met with resistance and possibly costs against you too if the defendant is successful.

[COMROG]

Hi DES8 & ROB

It is linked but obviously a separate claim - to be clear, I am the claimant in the ET Case; the defendant in the small claim.

ROB: Thank you very much for your explanation.

I hope the following reason would be applicable in my case:

'The claim is of such nature as could have been joined in the first action'

[COMROG]

Hi

I have the CVP trial this coming Monday.
The judge ordered in the Allocation Order:

'The Claimant must prepare a digital bundle in .pdf format containing all relevant documents and must file it at Court by email and send copies to the parties no later than 48 hours before the hearing.

I have not received it. I did receive some documents a couple of weeks ago by post but no witness statement in the prescribed form, as required,i.e.

5. Witness statements must:

a) Start with the name of the case and the claim number;

b) State the full name and address of the witness;

c) Set out the witness's evidence clearly in numbered paragraphs on numbered pages;

d) End with this paragraph: 'I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth'

Any ideas on the judge's might do or say on Monday.